Statutory Rules
1978 No. 252
REGULATION UNDER THE DEFENCE ACT 1903, THE NAVAL DEFENCE ACT 1910 AND THE AIR FORCE ACT 1923*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923.
Dated this thirteenth day of December 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
J. E. McLEAY
Minister of State for Administrative Services for and on behalf of the Minister of State for Defence
AMENDMENT OF THE DEFENCE FORCE (SALARIES) REGULATIONS†
Rations and quarters charge
Regulation 19 of the Defence Force (Salaries) Regulations is amended by omitting sub-regulation (8) and substituting the following sub-regulations:
“ (8) For the purposes of this regulation, where a medical officer is performing in a hospital a period of compulsory residency, the residential quarters, if any, provided to him by the hospital shall be treated as if they were service accommodation.
“ (9) For the purposes of this regulation, where a medical officer is required, by the administrators of a hospital in which he is performing a period of compulsory residency, to live in accommodation provided by the hospital, such a requirement shall be treated as if it were an exigency of the service.
* Notified in the Commonwealth of Australia Gazette on 19 December 1978.
† Statutory Rules 1973 No. 100 as amended by Statutory Rules 1973 Nos. 132, 201, 203, 249 and 269; 1974 Nos. 71, 77, 90, 92, 93 and 208; 1975 Nos. 34, 149, 163 and 197; 1976 Nos. 3, 13, 48, 81, 120, 130, 136, 197, 239 and 263; 1977 Nos. 69, 80, 95, 96, 101, 128, 139, 159, 215 and 216; and 1978 Nos. 2, 3, 4, 50, 68, 90, 91, 116, 138, 152 and 239.
“ (10) For the purposes of this regulation—
‘ administrators of a hospital ’ includes the person in charge of the medical staff of the hospital;
‘ period of compulsory residency ’ means a period during which a medical officer is undertaking training in a hospital as a condition of entry into the medical profession, whether or not that medical officer lives in accommodation provided by the hospital.”.
Overview
Statutory Rules 1978 No. 252, enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, amends the Defence Force (Salaries) Regulations under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923. The amendment addresses the treatment of medical officers performing compulsory residency periods in hospitals by clarifying the conditions under which they are provided with residential quarters and how these are treated as service accommodation. The policy objective appears to be ensuring that medical officers receive appropriate accommodation and related benefits during their compulsory residency periods, which are critical for their professional training and development within the Defence Force.
Scope and Application
The regulation, Statutory Rules 1978 No. 252, is made under the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923 and pertains to the Defence Force (Salaries) Regulations. It applies to medical officers who are serving in hospitals under the Defence Act and who are required to undergo a period of compulsory residency as part of their training. The regulation modifies the existing rules concerning the treatment of residential quarters and living accommodations provided to these medical officers during their compulsory residency periods. Specifically, it treats the residential quarters provided by hospitals as if they were service accommodation and considers the requirement for medical officers to reside in such provided accommodation as an exigency of the service. The regulation extends its application to all medical officers undergoing compulsory residency within hospitals under the Defence Act, without specifying a geographic or jurisdictional limitation, thus applying nationwide. This regulation does not explicitly mention any exclusions or exemptions, and its application may be further defined or restricted through subordinate instruments, though such details are not provided within the primary text of the regulation itself.
Key Provisions
The main operative sections of this legislative instrument (Regulations) pertain to the Defence Force (Salaries) Regulations, specifically Regulation 19. This regulation deals with the rations and quarters charge for medical officers in compulsory residency. Under the amendment, sub-regulation (8) has been replaced, which now provides that any residential quarters provided to a medical officer by a hospital during their compulsory residency shall be treated as service accommodation. Additionally, sub-regulation (9) stipulates that any requirement for a medical officer to live in accommodation provided by the hospital during their compulsory residency shall be treated as an exigency of the service.
These Regulations impose obligations on both medical officers and hospital administrators. Medical officers are subject to the conditions of compulsory residency, which include the possibility of residing in hospital-provided accommodation. Hospital administrators, on the other hand, must adhere to the requirement that any accommodation provided to medical officers during their residency must be treated as service accommodation and any requirement for residency must be treated as an exigency of service. These provisions ensure that medical officers receive appropriate support and accommodations during their compulsory residency, aligning with the requirements of their service.
Failure to comply with these Regulations could result in various consequences. While specific offences, penalties, or consequences are not detailed in the text provided, breaches of these Regulations could lead to administrative or disciplinary actions against the parties involved. Given that these Regulations are made under the Defence Act 1903, the Naval Defence Act 1910, and the Air Force Act 1923, any serious breaches might also attract criminal penalties under these Acts, including fines or imprisonment. However, the exact penalties would depend on the specific nature of the breach and the applicable provisions of the primary Acts.